Northern Irish waste consultation nears close

The consultation, which opened on April 6, outlines proposals that aim to tackle illegal waste disposal “more effectively” by ensuring that both the Department of Environment Northern Ireland (DOENI) and councils have sufficient powers to deal with illegal waste activity effectively in the country.

Among the changes proposed by the consultation are giving councils' powers to investigate and prosecute for illegal waste disposal, removing the 24-hour notice period before entering premises and clarifying local authorities' powers to enter into waste management contracts.

The department has also said that the consultation could be used to inform a forthcoming Waste Bill or in other appropriate primary legislation.

Offences

One of the main drivers for the consultation is the redistribution of powers for both the Department and local authorities in relation to waste offences.

This includes giving councils a “more proactive role” in policing illegal waste activity, as they do not currently have specific powers to prosecute offenders for offences related illegal deposits of waste.

The consultation suggested that the current system could be altered to reflect operations in England and Wales, where councils and the Environment Agency both have specific powers to prosecute for alleged waste offences.

It explains that “many of the proposals reflect a desire to promote an effective partnership between the Department and local government in tackling the problems caused by illegal waste disposal.”

Under the proposed changes, the DOENI would also seek to remove the 24-hour notice period required by enforcement officers to enter premises (as suspects may remove or destroy evidence), seize vehicles suspected of being involved in illegal waste activity until court proceedings have commenced, make it an offence for failure to pay waste management licence fees and also for the DOENI to acquire powers, which are only currently held by councils, to require the clean-up of illegally deposited waste.

And, the consultation also proposes that councils and the Department be given the power to issue fixed penalty notices for fly-tipping and that it be made an offence to have an unlawful deposit of waste on land regardless of whether occupant is aware of it – but that they have the defence of having taken “reasonable care” to prevent the incident.

Contracts

The consultation document also states that the proposals “reflect the need to promote market confidence, the potential impact of a lack of clarity and certainty concerning councils' existing legislative powers, the huge sums at risk and the fact that we currently have a suitable legislative vehicle.”

As a result, the department said it hoped to increase “bidder appetite” to invest in future waste infrastructure development in the country.

The planned changes would apply both to individual councils and the three waste management groups (WMGs) established by Northern Ireland's 26 councils – arc21 which represents the eastern councils, SWaMP2008 which represent southern councils, and the North West Regional Management Group.

The consultation examines the need to include the provision in future legislation to guarantee the waste management obligations of the councils involved in each group, providing warranties and indemnities for councils working in group contracts and ensuring councils accept joint and several liability for waste management purposes.

Funding

In addition, the proposals address issues concerning local authority funding for waste infrastructure, such as borrowing, the formation of companies to deliver waste management and the mechanism of funding infrastructure through the Strategic Waste Infrastructure Fund (SWIF) – a local government assistance fund that contributes to the capital costs of developing facilities.

The document outlines the way in which the department could implement an ‘off-set mechanism' in the existing SWIF system to avoid giving private companies a market advantage by receiving government funding.

It states: “The Department will make capital payments out of SWIF to the WMGs or a council. In turn, the WMGs will use these funds to offset a portion of the contractor's debt. It is anticipated that the contractor will be contractually required to return these monies in full to the WMGs by means of a rebate which will have the effect of reducing the gate fee on the waste tonnage which is guaranteed to the contractor as part of the contract. The rebate will reflect the private finance cost which would have been incurred in the absence of SWIF.”

The 67-page consultation document also sets out plans to make amendments to the proposed contaminated land regime, which would enable the Northern Irish model to take into account and remedy problems experienced by the system in England, Scotland and Wales.